Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 5794 (KAR)

SHIVAPPA S/O FAKKIRAPPA RAYANAL v. THE STATE OF KARNATAKA

CRL.P/104551/2025 · 2026-02-12

V Srishananda

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC-D:2224 CRL.P No. 104551 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104551 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SHIVAPPA S/O FAKKIRAPPA RAYANAL S/O FAKKIRAPPA RAYANAL AGE 65 YEARS, OCC. FARMER R/O. NIRASAGAR VILLAGE, TQ KALAGHATAGI AND DIST DHARWAD KARNATAKA 580114. 2. ISHAWARAPPA S/O FAKKIRAPPA RAYANAL S/O FAKKIRAPPA RAYANAL AGE 59 YEARS, OCC. FARMER R/O. NIRASAGAR VILLAGE, TQ KALAGHATAGI AND DIST DHARWAD KARNATAKA 580114. 3. KALLAPPA S/O FAKKIRAPPA RAYANAL S/O FAKKIRAPPA RAYANAL AGE 55 YEARS, OCC. FARMER R/O. NIRASAGAR VILLAGE, TQ KALAGHATAGI AND DIST DHARWAD KARNATAKA 580114. 4. MAHADEVAPPA S/O FAKKIRAPPA RAYANAL S/O FAKKIRAPPA YARANAL AGE 52 YEARS, OCC. FARMER R/O. NIRASAGAR VILLAGE, TQ KALAGHATAGI AND DIST DHARWAD KARNATAKA 580114. 5. GURUNATH S/O SHIVAPPA RAYANAL S/O SHIVAPPA RAYANAL AGE 33 YEARS, OCC. FARMER CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.17 16:59:24 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2224 CRL.P No. 104551 of 2025 R/O. NIRASAGAR VILLAGE, TQ KALAGHATAGI AND DIST DHARWAD KARNATAKA 580114. …PETITIONERS (BY SRI. AVINASH M. ANGADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH KALAGHATAGI POLICE STATION, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD 580011. 2. MADEVI W/O BASAPPA KALANAKOPPA W/O BASAPPA KALANAKOPPA AGE 51 YEARS, OCC. HOUSE WIFE R/O. NIRASAGAR VILLAGE, NOW AT CHARANTI MATH GARADAN DHARWAD TQ KALAGHATI AND DIST DHARWAD KARNATAKA 580114. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. N.H. PATIL AND SMT. NIRMALA BANI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO ALLOW THIS PETITION AND QUASH THE ENTIRE PROCEEDINGS IN C. C NO. 1284/2025 PENDING ON THE FILE BEFORE THE CIVIL JUDGE AND JMFC COURT, KALAGHATAGI ARISING OUT OF COMPLAINT DATED 08.04.2025 AND FIR IN CRIME NO. 0071/2025 AND CHARGE SHEET NO.71/2025 REGISTERED BY KALGHATAGI POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 189(2), 190, 329(3) OF BNS-2023 AGAINST THE PETITIONERS/ACCUSED NO 01 TO 04 AND 07, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:2224 CRL.P No. 104551 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Avinash M. Angadi, learned counsel appearing for petitioners, Smt.Kirtilata R. Patil, learned High Court Government Pleader appearing for respondent No.1 and Sri.N.H.Patil and Smt.Nirmala Bani, learned counsel appearing for respondent No.2. 2. Petitioners present and respondent No.2 are present before the Court along with their respective counsel. 3. An application under Section 359 read with Section 528 of the Bharatiya Nyaya Sanhita, 2023 has been filed. Copy of the application has been furnished to Smt.Kirtilata R. Patil, learned High Court Government Pleader. 4. On enquiry, the parties submit that they have retraced their steps and pursuant to the orders passed in the civil proceedings, parties would be abiding by the Judgment of the Civil Court and therefore, pending criminal proceedings sought to be quashed. - 4 - HC-KAR NC: 2026:KHC-D:2224 CRL.P No. 104551 of 2025 5. Having enquired with the parties, this Court is satisfied that there is a true settlement among the parties. 6. The parties also submit that they would abide by the decree of the Civil Court and they will not indulgences, criminal activities in future. 7. Taking note of the fact that the dispute is privy to the parties and had no social impact and following the principles laid down by the Hon’ble Apex Court in Ramgopal and Another v. State of Madhya Pradesh1, the pending proceedings are required to be quashed, even though the offences alleged against the petitioners are non-bailable in nature. 8. Accordingly, the following order: ORDER (i) The petition as well as the application are allowed. (ii) Consequently, the pending criminal proceedings in C.C.No.1284/2025 arising out of Crime No.71/2025, pending on the file of Civil Judge 1 (2022) 14 SCC 531 - 5 - HC-KAR NC: 2026:KHC-D:2224 CRL.P No. 104551 of 2025 and JMFC, Court, Kalaghatagi, are hereby quashed. In view of the disposal of the petition, pending I.As., if any, do not survive for consideration and accordingly stand disposed of. Sd/- (V.SRISHANANDA) JUDGE RHR/-CT-CMU LIST NO.: 1 SL NO.: 60